Common use of Indemnification of Company, Operating Partnership, Directors and Officers Clause in Contracts

Indemnification of Company, Operating Partnership, Directors and Officers. Each Underwriter severally agrees to indemnify and hold harmless the Company and the Operating Partnership, each of the Company’s directors, each of the Company’s officers who signed the Registration Statement, and each person, if any, who controls the Company or the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430B Information or any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein; it being understood and agreed upon that such information shall consist solely of the following: (i) the names of the Underwriters, and (ii) the following information contained in the Prospectus under the caption “Underwriting (Conflicts of Interest)”: (A) the information regarding dealer compensation in the fifth paragraph and (B) the second sentence of the twelfth paragraph, the thirteenth paragraph and the first sentence of the fourteenth paragraph.

Indemnification of Company, Operating Partnership, Directors and Officers. Each Underwriter severally agrees to indemnify and hold harmless the Company and Company, the Operating Partnership, each of the Company’s directors, each of the Company’s officers who signed the Registration Statement, and each person, if any, who controls the Company or the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430B 430A Information and the Rule 434 Information deemed to be a part thereof, if applicable, or any preliminary prospectus, any Issuer Free Writing Prospectus prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives Xxxxxxx Xxxxx expressly for use therein; it being understood and agreed upon that such information shall consist solely of the following: (i) the names of the Underwriters, and (ii) the following information contained in the Registration Statement (or any amendment thereto) or such preliminary prospectus or the Prospectus under the caption “Underwriting (Conflicts of Interestor any amendment or supplement thereto)”: (A) the information regarding dealer compensation in the fifth paragraph and (B) the second sentence of the twelfth paragraph, the thirteenth paragraph and the first sentence of the fourteenth paragraph.

Indemnification of Company, Operating Partnership, Directors and Officers. Each Underwriter severally agrees to indemnify and hold harmless the Company and the Operating Partnership, each of the Company’s directors, each of the Company’s officers who signed the Registration Statement, and each person, if any, who controls the Company or the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430B Information or any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein; it being understood and agreed upon that such information shall consist solely of the following: (i) the names of the Underwriters, and (ii) the following information contained in the Prospectus under the caption “Underwriting (Conflicts of Interest)Underwriting”: (A) the information regarding dealer compensation in the fifth paragraph and (B) the second sentence of the twelfth paragraph, the thirteenth paragraph and the first sentence of the fourteenth paragraph.